The Impact of Export Control Regulations on Global Companies: The Deemed Export Rule

Does your company “export”?  What is an export?  This can be a tricky question, especially if your company employs foreign national non-immigrant workers.  Earlier this year, the U.S. Citizenship and Immigration Services (USCIS), revised the Form I-129: Petition for a Non-Immigrant Worker, bringing to the forefront the issue of the Deemed Export Rule.

The deemed export rule is not new, however, the revision to Form I-129 served as a reminder to the exporting community of its obligations under the Export Control rules.

Part 6 of the Form I-129 was revised to now require that the petitioner provide a “Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States”.  The revision of Part 6 to the Form I-129 does not create new requirements or responsibilities for exporters.  Rather, the revision is simply an affirmative recognition of the requirements and responsibilities that have always existed under the export control regulations.

I recently wrote an article for the October 2011 issue for the New Jersey Lawyer Magazine’s addressing the deemed export rule and a companies’ responsibilities under that rule.  The article also discusses what best practices a company can implement to ensure it is compliant with the export laws and regulations.  To learn more, click here!

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About Adonica Wada

Adonica Wada is a partner with the law firm of Simon Gluck & Kane LLP. She is an international trade attorney focusing on import- and export-related matters.
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